DUI Lawyer in Hall County, GA

After your arrest for DUI, you will be taken to jail, where you may have to post bail. You will also face a temporary license suspension unless you request a hearing with the Department of Driver Services (DDS) within 30 days. From there, you will go through the legal process, which may involve court hearings, possible plea bargaining, and potentially a trial. The best thing you can do is consult with a DUI Lawyer in Hall County, GA right away to understand your options and protect your rights.

A DUI Lawyer in Hall County, GA can help you navigate the legal system, advise you on the best course of action, and work to minimize the consequences of your arrest. They can challenge the evidence against you, examine the procedures followed by the police, and help you understand whether there are grounds to reduce or dismiss your charges. At Brett Willis Law LLC, we are committed to protecting your rights and seeking the best possible outcome for your case.

In Georgia, you have the right to refuse a field sobriety test, but refusing the test can lead to consequences, such as the automatic suspension of your driver’s license. However, if you refuse a breathalyzer or blood test at the scene, your license may also be suspended for up to one year, and you may face additional penalties if convicted. It’s important to consult with a DUI Lawyer in Hall County, GA to understand the best course of action in your specific situation.

The penalties for a first DUI offense in Hall County, GA can include a fine, community service, mandatory DUI education classes, probation, and a possible license suspension. In some cases, jail time is also possible. The specific penalties depend on the circumstances of your case, such as whether there were any aggravating factors (e.g., having a child passenger, high BAC). A DUI Lawyer in Hall County, GA can help you understand the potential consequences and explore any available defenses.

If your license is suspended due to a DUI arrest, you may be eligible to have it reinstated by requesting a hearing with the Department of Driver Services (DDS) and meeting certain conditions. A DUI Lawyer in Hall County, GA can assist you in this process and help you understand your options for regaining your driving privileges, including obtaining a restricted license if eligible.

Fighting a DUI charge involves reviewing the evidence, challenging the accuracy of field sobriety tests, breathalyzer or blood tests, and examining whether the police followed proper procedures during your arrest. A DUI Lawyer in Hall County, GA can work to uncover any weaknesses in the prosecution’s case and fight for a reduction or dismissal of charges.

Yes, a DUI conviction in Georgia will remain on your criminal record. However, it’s possible to have a DUI record sealed under certain circumstances, or you may be able to have it expunged if specific conditions are met. A DUI Lawyer in Hall County, GA can discuss the options available for clearing or limiting the impact of a DUI conviction on your future.

After a DUI arrest in Hall County, GA, your driver’s license will likely be suspended, but you may have the option to request a hearing to challenge the suspension. You could also qualify for a restricted license that allows you to drive to work, school, or other essential locations while your case is pending. Consulting with a DUI Lawyer in Hall County, GA will help you understand what options are available to you.

If you believe that you were wrongly arrested for DUI or that your impairment was due to prescription medication, illness, or other factors, it’s important to contact a DUI Lawyer in Hall County, GA immediately. There may be evidence to support your claim that you were not impaired at the time of the arrest. A skilled DUI Lawyer can review your case and work to get the charges reduced or dismissed.

The length of a DUI case depends on various factors, including whether you are going to trial, whether you accept a plea deal, and the complexity of the evidence. Some cases can be resolved in a few months, while others may take longer if there are challenges or delays. A DUI Lawyer in Hall County, GA can give you a better idea of how long your specific case may take and what you can expect at each step.

Under Georgia’s implied consent law, if you refuse a breath test (or blood or urine test) you will have your license suspended for 12 months. The officer is supposed to take your plastic license from you and give you a piece of paper that says “Department of Driver Services” at the top. That piece of paper is called a “form 1205.” The form 1205 is your new driver’s license (since the officer took your plastic license). 

If the officer did not read you your Miranda rights, this may provide opportunities to exclude valuable evidence against you. Read our Miranda Rights page for more information. 

You can lawfully drive on a form 1205 for 45 days. On the 46th day, your license is suspended (your 12 month suspension for refusing the breath, blood, or urine test).

Absolutely, yes. Contact us immediately. You have 30 days from the date of your arrest to either: (1) do an ALS appeal; or (2) install an ignition interlock device and get a special interlock license from DDS. 

You’re in a tough spot. Under Georgia law, you are supposed to have a 12 month suspension. Normally, when you plead to a first DUI, you will get a license suspension, but at least you can get a work permit. However, if you had your license suspended for a refusal to take a breathalyzer (or blood or urine test) you cannot even get a work permit if you end up pleading to the DUI. This is where you absolutely need to call us. 

Georgia has some of the most severe DUI laws in the country, and Hall County is one of the toughest jurisdictions in Georgia when you are charged with a DUI.

Whether you are facing a first-time offense or are considered to be a repeat offender, you need an attorney who has the experience and skill required to defend you against the charges. And, you need a DUI lawyer who is local to Hall County. Our offices are in downtown Gainesville on the square and we’ve been in Hall County since 2005. 

If you are searching for an attorney who will take your case, comb through it looking for every possible issue and loophole, then you are in the right place. 

The consequences of a DUI can be severe. Beyond jail time and the loss of your license, a DUI can affect your ability to work. There are plenty of DUI attorneys in Georgia (many who aren’t even located in Hall County) who will take your case, negotiate a deal with the prosecution, and plead you guilty. Here, we take a different approach.

We can never guarantee an outcome of a DUI case, but we can promise that you will receive the best fighting chance to protect the life you have worked so hard to build. We know what it takes to succeed in the courtroom. To build your defense, we will:

• Review body camera and dashboard video footage
• Scrutinize the police report for any legal errors or constitutional violations (read our Miranda Rights page)
• Talk to any and all witnesses
• And if you agreed to a government requested blood, breath, or urine test — we’ll challenge the legality of that test

We know that you can never just “move on” from a criminal conviction. That is why we will do everything we can to advocate for a fair outcome, whether that means reducing the DUI charges, having the case dismissed, or keeping the consequences to you and your family at an absolute minimum.

Take The First Step

Hundreds of individuals are charged with a DUI in Hall County Georgia every year. Still, it can feel like you are on your own after a DUI arrest. Whatever you are experiencing at this moment, you are not alone. At a minimum, you need to feel good about the lawyer you have representing you. To see if we are the right fit for your case, contact us today .

Yes, all DUI offenders regardless of how many they’re convicted of will receive a mandatory minimum jail sentence. First time DUI offenders will spend a minimum of 24 hours in jail, which includes the time they spent in jail after their arrest. The maximum sentence varies widely from this number at 12 months, which is why it’s important to have an experienced DUI lawyer on your side who can advocate for the best possible outcome. 

Yes, DUIs do show up on background checks. A DUI will always result in a permanent criminal record. There is no way to get it expunged or have the records restricted. However, the lookback period for DUI convictions is 10 years, so it won’t continue to adversely affect your career forever. 

DUIs are unlike other driving charges because they don’t actually put points on your license. Instead, your license gets immediately suspended following a DUI charge. If you contact a lawyer within 30 days of your arrest, they’ll be able to send an appeal letter to stop the automatic suspension of your license. If this motion is successful, you’ll get back your license without any additional points on it. If you surpass this 30-day window, you’ll need to wait a certain period of time (at least 120 days, depending on the terms of your conviction) before you can pay a $200 reinstatement fee at the Department of Driver Services. 

DUIs are typically reduced to misdemeanor driving charges such as reckless driving. While it will still result in a criminal record, it usually comes with less severe punishments. For example, you’ll get 4 points on your license instead of getting it automatically suspended like you would with a DUI. 

The best case scenario for a DUI case is that you’re either proven not guilty or your case is dismissed. In both scenarios you won’t have a criminal record, a jail sentence, and all of the other punishments that come with a DUI conviction. Once the case is closed, you won’t have to deal with it anymore. 

Your case may go first to the Gainesville Municipal Court, Flowery Branch Municipal Court, or the Oakwood Municipal Court. However, some cases go directly to the Hall County State Court. You can determine what court your case will go to first by examining your DUI Citation. About halfway down on the citation you will see a court date and time (and location). Sometimes, the officer doesn’t put down time/location on the citation (writing “TBD” or “TBN”). Call us to find out where your case is going.

If you cannot get a favorable result in the Gainesville Municipal Court, Flowery Branch Municipal Court, or the Oakwood Municipal Court, the law allows you to “remove” the case to the Hall County State Court. This is because you have a right to a trial by jury. And, in the Gainesville Municipal Court, Flowery Branch Municipal Court, or the Oakwood Municipal Court, there are no juries. Those courts don’t have the power to bring jurors in on your DUI case. So, the law permits you to have your case sent to a trial court (the Hall County State Court). 

Often clients will go to Gainesville Municipal Court, Flowery Branch Municipal Court, or the Oakwood Municipal Court and decide they want their case to be removed to the Hall County State Court for a jury trial. 

Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. It is calculated in grams per 210 liters of breath, and a BAC of 0.08 means there is 0.08% alcohol by volume. Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle. 

If you are pulled over due to suspicion of drunk driving or pulled over for a traffic stop and then the police officer suspects intoxicated driving, you should remember you have certain rights as a U.S. citizen. Namely,

1. The driver and any passengers have the right to remain silent (except you must show the police your driver’s license, registration, and proof of insurance upon request); and
2. If you are a passenger, you are free to leave.

If you are arrested or detained, you have additional rights, including Miranda warnings.

• You can say you wish to remain silent and ask for a lawyer

If you believe your rights were violated in any way, try to write down everything you remember, including the police officer’s agency (state police, county police, etc.), badge number, and patrol car number.

You can refuse a breathalyzer test. It is important to know that there are two types of breath tests:

(1) The hand-held breath test police will often ask you to take right there on the side of the road. These are portable instruments police have with them to test your breath for alcohol. The results of these tests are not admissible if you are, in fact, arrested and charged with an intoxicated driving offense. And, according to a recent Georgia appellate case, your refusal to take this portable breath test is also not admissible (meaning the jury will not be told that you refused to take this test).

(2) The Intoxilyzer breath test (this large machine is located at the police station). You can refuse to take this breath test as well. And, just like the portable breath test, your refusal to take the test cannot be used against you at a trial. However, refusal of the non-portable breathalyzer, carries with it significant consequences. Those consequences are: the police officer can take away your plastic license and give you a notice that your Georgia driver’s license will be suspended for one year. If the police officer took away your plastic license you only have thirty (30) days to challenge this suspension. This is where we can help. Call us now to save your driver’s license. This is absolutely critical. Do not let the 30 days run out on you! 

Standardized field sobriety tests (FSTs) are tests approved by the National Highway Traffic Safety Administration (NHTSA). These tests are allegedly designed to help police determine whether a driver is intoxicated or not.

There are three standardized FSTs:

1. the Horizontal Gaze Nystagmus Test (HGN test)
2. the One-Leg Stand Test (OLS test)
3. the Walk-and-Turn Test

The results of these tests may be used as evidence against you in an intoxicated driving case. Non-standardized tests, on the other hand, are not validated by NHTSA and may not admissible as evidence.

Non-standardized FSTs include:

• finger to nose test
• the finger count test
• the hand pat test
• the alphabet test
• the reverse counting test
• the coin pickup test

Absolutely, yes. In fact, you should always refuse to do field sobriety tests. You have rights, assert them!

There are two different types of suspensions. The first is an administrative suspension, Georgia law permits the officer to suspend your license if you are arrested for DUI and you refuse a breathalyzer, blood test, or urine test (or if you consent to the breathalyzer and have a BAC over a certain level). This means you can lose your driving privileges even when you have not been found guilty of DUI. This is where you absolutely must call us prior to 30 calendar days from your arrest. We can, and will, challenge this suspension in court — all with the goal of saving your ability to drive.

The other type of suspension occurs when you are convicted of DUI.

• For your first offense (within the past 5 years), if you are over 21 years of age, the suspension lasts 120 days but you are eligible for a “work permit” right away. 
• For your second offense, your driver’s license will be suspended for 18 months. You are eligible for a work permit, but only after 120 days. 

If you are arrested for drunk driving, what happens next depends on the facts and circumstances. Your case may go to the Gainesville Municipal Court, Flowery Branch Municipal Court, or the Oakwood Municipal Court first, although some cases go directly to the Hall County State Court.

DUI defense lawyer Brett Willis has been practicing in Hall County since 2005. Give us a call now to talk with Brett about your Hall County DUI charges. 

Absolutely yes. We have an incredible record of doing just that.

It is possible to beat a drunk driving charge, although it is not typically an easy process. It will require a thorough understanding of the law and a thorough understanding of the technical nature of field sobriety tests, breath tests, blood tests, and urine tests. Understanding the tests is critical to identifying errors (technical or human-made errors) to highlight the unreliability of the results.

Aside from errors or unreliable test results, you may have had your constitutional rights violated. This happens more often than you might imagine. A violation can lead to the inadmissibility of some or all evidence. Without sufficient evidence, the case will be dismissed, or a jury may return with an acquittal.

You will need a drunk driving defense attorney to help you beat an intoxicated driving charge. 

An arraignment is a hearing where the defendant can plead guilty, no contest, or not guilty. You can plead guilty, but the real question is whether you should or not. It would be a mistake to plead guilty at this time, especially without the counsel of a drunk driving lawyer in Hall County, and there are multiple reasons for this.

1. If you plead guilty immediately, you lose any opportunity to fight the DUI charge.
2. If you plead guilty immediately, you also lose any opportunity for a plea deal, if that is what would be best in your unique circumstances. 
3. The sentencing is often harsher when given in response to a plea of guilty during the arraignment, as opposed to what a plea deal would entail or a sentencing after a conviction would impose. The reason is simple: you have time to mitigate and negotiate.

If it’s your first drunk driving charge, it can be tempting to plead guilty right away so that you can get the case over faster and get on with your life. But if you do not fight to get the charge dismissed or reduced, you will have your first drunk driving charge. With the latter on your record, you want to keep in mind that subsequent DUI convictions will assuredly lead to harsher penalties.

If you plan to fight your drunk driving charges, it is in your best interest to have an attorney represent you. The law can be complex. The evidence can be highly technical and scientific. Police and state expert testimony can be damaging. All these things can lead to a conviction, unless you have the necessary skills and knowledge to successfully counter them. 

We know the law and the technical, scientific make-up of field sobriety tests, blood tests, breath tests, and urine tests. We also know how to identify and proactively address any constitutional rights violations to benefit your case. Contact our us at our downtown Gainesville office today . The consultation is totally free.